Calorie labelling in the out of home sector: consultation analysis

9. Enforcement

Section 10 of the consultation document set out that Scottish Government would work closely with businesses, regulatory bodies and local authorities (LAs) to ensure compliance with any calorie labelling requirements are monitored and enforced in a way that is fair and not overly burdensome. Enforcement approaches may include advice, guidance, inspections, monitoring and enforcement.

It also noted the importance of clarity in ensuring the effective implementation of mandatory calorie labelling. To support this, Scottish Government would plan to work with local authorities and industry in developing guidance to local authorities on matters for which they should have regard when discharging their functions.

Scottish Government would plan to work closely with the Convention of Scottish Local Authorities, Food Standards Scotland and others to assess resource implications.

Q16. Support in addition to detailed written guidance

Question 16 - Please comment on our proposals for enforcement and implementation outlined in section 10 - Please give us your views.

Overview

In total, 308 individuals and 60 organisations provided a response to question 16.

Support for enforcement and implementation proposals

Several respondents outlined broad support for the enforcement and implementation proposals set out in Section 10, with others stating that they were pleased to see proposals to act alongside businesses, regulatory bodies and local authorities:

"This is the best proposal I've seen in ages… We need change now. It will pay dividends in ten years when obesity would otherwise have swamped our NHS." [Individual]

"Given that in Scotland, local authority environmental health departments have responsibility for official controls relating to allergen rules and wider food information requirements, it is appropriate that local authorities enforce the enforcement and implementation of calorie labelling." [Organisation, Industry Representative Body]

Concerns with enforcement proposals

However, many respondents believed that local authorities were already under considerable cost and resource pressures and so the requirement to undertake additional enforcement would pose challenges for them.

Likewise, others put forward that enforcement would be costly and complicated relative to the impact of the policy.

Several respondents felt that the proposals set out in Section 10 were vague and that more information was required on how the calorie calculations themselves would be implemented (with the appropriate support), monitored and enforced.

Q17. Support in addition to detailed written guidance

Question 17 - How could any requirements be enforced in a way that is fair and not overly burdensome?

Overview

In total, 313 individuals and 56 organisations provided a response to question 17.

Many respondents expressed the sentiment that enforcement of these requirements would be costly and burdensome regardless of how they were implemented.

Views on enforcement

Several respondents highlighted a perceived need for support services to be in place to advise businesses on the implementation of proposals.

Moreover, a few respondents advised offering funding, resources and/or training to aid businesses with implementation, operating a light-touch enforcement approach during the initial implementation phase, and combining checks with existing regulatory compliance activities in OOH settings:

"Build a national database and provide up to date software to every business along with training." [Organisation, Out of home provider)]

"[It should be enforced] Similar to food safety inspections. Businesses will be told by an official what they need to change and how long they have to make these changes. The official will then follow it up after the given time and fines will be given to those who have not made the changes in time (should they still be open and operating)." [Individual]

In terms of practical implementation within the sector, various respondents offered tangible examples of tools to aid implementation, including the development of nutritional templates and automatic calculators for a standardised approach to calculating calories on menus.